01A12782_r
04-10-2002
Priya K. Das, Complainant, v. Paul H. O'Neill, Secretary, Department of the Treasury, Agency.
Priya K. Das v. Department of the Treasury
01A12782
April 10, 2002
.
Priya K. Das,
Complainant,
v.
Paul H. O'Neill,
Secretary,
Department of the Treasury,
Agency.
Appeal No. 01A12782
Agency No. 01-3070
DECISION
Upon review, the Commission finds that complainant's complaint was
properly dismissed. In a complaint dated December 15, 2000, complainant
alleged that he was subjected to discrimination on the bases of race,
national origin, and age when:
(1) Complainant was not selected for a Revenue Agent trainee position
in August 2000;
(2) Complainant was not selected for the position described in Vacancy
Announcement TEB OOEP 135;
(3) Complainant was not selected for a General Engineer position;
Complainant was not selected for a GS-592-7 Tax Examining Assistant
position;
Complainant failed to successfully complete on-the-job Revenue Agent
training; and
Complainant was removed from a Revenue Agent position in February 1998
and reassigned to a GS-5 Tax Examiner position.
In a final decision dated February 22, 2001, the agency dismissed
claim 1 on the grounds that complainant raised the same claim in a
grievance proceeding, filed September 12, 2000, that permits claims of
discrimination. Complainant did not seek EEO counseling until September
25, 2000, and accordingly, elected to pursue this claim through the
negotiated grievance procedure.
The Commission notes that supporting the agency's dismissal is a copy
of complainant's September 12, 2000 grievance, together with a copy of
the applicable National Treasury Employees Union negotiated grievance
procedure showing that claims of discrimination may be raised in the
grievance. Therefore, we find that claim 1 was properly dismissed.
The agency dismissed claims 2, 3, and 4, on the grounds that the claims
are vague and accordingly, complainant failed to state a claim upon which
relief may be granted. In a letter to complainant dated January 22,
2001, the agency requested that complainant clarify his claims to include
the dates he submitted his applications, the names of the interviewing
and selecting officials, to indicate whether he was rated as highly or
best qualified, and other specific information. The letter included a
notice to complainant that his claims would be dismissed if he failed
to provided the requested information. Complainant's January 31, 2001
response stated only that "most of the information you are looking for,
should be in the file." Complainant failed to provide the information
necessary for the agency to identify the exact positions at issue in
claims 2, 3, and 4. Without such information the agency is unable to
determine if the claims were timely raised with an EEO Counselor and the
agency is unable to investigate such claims. Accordingly, the agency's
dismissal of claims 2, 3, and 4, for failure to state claim pursuant to
29 C.F.R. � 1614.107(a)(1) is proper.
The agency dismissed claims 5 and 6 for untimely EEO contact. Complainant
alleges that he was subjected to discrimination in February 1998 when
he was prevented from successfully completing on-the-job Revenue Agent
training and was removed from that position. The Commission finds
complainant's September 25, 2000 EEO contact untimely. Complainant should
have reasonably suspected discrimination more than 45 days prior to
his EEO contact. Therefore, we find that claims 5 and 6 were properly
dismissed pursuant to � 1614.107(a)(2).
The agency's decision dismissing the complaint is AFFIRMED.
STATEMENT OF RIGHTS - ON APPEAL
RECONSIDERATION (M0701)
The Commission may, in its discretion, reconsider the decision in this
case if the complainant or the agency submits a written request containing
arguments or evidence which tend to establish that:
1. The appellate decision involved a clearly erroneous interpretation
of material fact or law; or
2. The appellate decision will have a substantial impact on the policies,
practices, or operations of the agency.
Requests to reconsider, with supporting statement or brief, must be filed
with the Office of Federal Operations (OFO) within thirty (30) calendar
days of receipt of this decision or within twenty (20) calendar days of
receipt of another party's timely request for reconsideration. See 29
C.F.R. � 1614.405; Equal Employment Opportunity Management Directive for
29 C.F.R. Part 1614 (EEO MD-110), 9-18 (November 9, 1999). All requests
and arguments must be submitted to the Director, Office of Federal
Operations, Equal Employment Opportunity Commission, P.O. Box 19848,
Washington, D.C. 20036. In the absence of a legible postmark, the
request to reconsider shall be deemed timely filed if it is received by
mail within five days of the expiration of the applicable filing period.
See 29 C.F.R. � 1614.604. The request or opposition must also include
proof of service on the other party.
Failure to file within the time period will result in dismissal of your
request for reconsideration as untimely, unless extenuating circumstances
prevented the timely filing of the request. Any supporting documentation
must be submitted with your request for reconsideration. The Commission
will consider requests for reconsideration filed after the deadline only
in very limited circumstances. See 29 C.F.R. � 1614.604(c).
COMPLAINANT'S RIGHT TO FILE A CIVIL ACTION (S0900)
You have the right to file a civil action in an appropriate United States
District Court within ninety (90) calendar days from the date that you
receive this decision. If you file a civil action, you must name as
the defendant in the complaint the person who is the official agency head
or department head, identifying that person by his or her full name and
official title. Failure to do so may result in the dismissal of your
case in court. "Agency" or "department" means the national organization,
and not the local office, facility or department in which you work. If you
file a request to reconsider and also file a civil action, filing a civil
action will terminate the administrative processing of your complaint.
RIGHT TO REQUEST COUNSEL (Z1199)
If you decide to file a civil action, and if you do not have or cannot
afford the services of an attorney, you may request that the Court appoint
an attorney to represent you and that the Court permit you to file the
action without payment of fees, costs, or other security. See Title VII
of the Civil Rights Act of 1964, as amended, 42 U.S.C. � 2000e et seq.;
the Rehabilitation Act of 1973, as amended, 29 U.S.C. �� 791, 794(c).
The grant or denial of the request is within the sole discretion of
the Court. Filing a request for an attorney does not extend your time
in which to file a civil action. Both the request and the civil action
must be filed within the time limits as stated in the paragraph above
("Right to File A Civil Action").
FOR THE COMMISSION:
______________________________
Carlton M. Hadden, Director
Office of Federal Operations
April 10, 2002
__________________
Date